Bill S-5: An Act respecting the interoperability of health information technology and to prohibit data blocking by health information technology vendors

Short Title Short title 1 This Act may be cited as the Connected Care for Canadians Act . Definitions Definitions 2 The following definitions apply in this Act. data blocking  means a practice or act that prevents, discourages or interferes with access to or the use or exchange of electronic health information, including the practices and acts specified in the regulations. ( blocage de données ) electronic health information  means electronic personal health information whether or not it has been de-identified. ( renseignement électronique sur la santé ) health information technology  includes hardware, software, integrated technologies, intellectual property and upgrades that are designed for creating, maintaining, accessing, using or exchanging electronic health information or that support such activities. ( technologie de l’information sur la santé ) health information technology vendor  means an individual, corporation, joint venture, partnership or unincorporated organization or association that licenses or sells health information technology or supplies it as a service. ( fournisseur de technologies de l’information sur la santé ) personal health information , with respect to an individual, whether living or deceased, means (a) any information concerning the physical or mental health of the individual; (b) any information concerning any health service provided to the individual; (c) any information concerning the donation by the individual of any body part or bodily substance of the individual or any information derived from the testing or examination of a body part or bodily substance of the individual; (d) any information that is collected in the course of providing health services to the individual; or (e) any information that is collected incidentally to the provision of health services to the individual. ( renseignement personnel sur la santé ) Purpose Purpose 3 The purpose of this Act is to enable easy, complete and secure access to and use and exchange of electronic health information and to prohibit data blocking by health information technology vendors, in order to promote a connected, secure and person-centered health system. Application Application by order 4 This Act applies in a province or territory only if the province or territory is the subject of an order made under section 7 . Interoperability and Data Blocking Requirement 5 (1) A health information technology vendor must ensure that the health information technology that they license, sell or supply as a service is interoperable. Interoperability (2) Health information technology is interoperable if it (a) allows the user to easily, completely and securely access and use all electronic health information and exchange all electronic health information with other health information technologies, unless any applicable federal, provincial or territorial law on the protection of personal health information prohibits that access, use and exchange; and (b) meets the standards, specifications or other requirements provided for in the regulations. Prohibition 6 Subject to the regulations, data blocking by a health information technology vendor is prohibited. Order Order — province or territory 7 (1) The Governor in Council may, by order, make any provision of this Act or the regulations applicable in any province or territory if the Governor in Council is satisfied, after applying the criteria and the process provided for in the regulations, that the province or territory does not have requirements that are substantially similar to or exceed those established under this Act. Repeal or amendment (2) The Governor in Council may, by order, repeal or amend an order made under subsection (1) after applying the criteria and process provided for in the regulations. Regulatory Powers and Non-Application Regulations 8 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) amending the definition of any term defined in section 2 ; (b) specifying standards, specifications or other requirements for the purposes of paragraph 5 (2)(b); (c) specifying practices or acts for the purposes of the definition data blocking in section 2 ; (d) respecting the prohibition set out in section 6 ; (e) respecting the criteria and process referred to in subsection 7 (1) or (2); (f) authorizing the Minister of Health to verify a health information technology vendor’s compliance with section 5 or 6 or any provision of the regulations, including by requiring the vendor to provide any information or document that the Minister considers necessary to verify compliance; (g) respecting complaints in relation to a health information technology vendor’s non-compliance with section 5 or 6 or any provision of the regulations; (h) establishing, for the purpose of promoting compliance with this Act, a system of administrative monetary penalties applicable to every health information technology vendor that contravenes section 5 or 6 or any provision of the regulations, including by setting the amount of those penalties or the method of determining the amount payable for the contravention of any those provisions; and (i) respecting the review of a decision made following a verification referred to in paragraph (f) or complaint referred to in paragraph (g) or the review of a notice of violation issued, or penalty imposed, under regulations made under paragraph (h). Incorporation by reference — limitation removed 9 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under paragraph 8 (b) of this Act. Section 126 of Criminal Code 10 Section 126 of the Criminal Code does not apply in respect of any contravention of any provision of this Act or the regulations. Coming into Force Order in council 11 This Act comes into force on a day to be fixed by order of the Governor in Council.